Disordely Conduct CivilSuit - Question

[KevinE]

I have a brief story.
I live in Georgia. I was eating pasta at a restaurant.
I exited restaurant. I started to walk toward my vehicle. Roughly 20 feet before my vechile I saw two attractive females.

I said "Hello, can I be your boyfriend" to the females in a playfull manner. The girls laughed and walked off.

When the females exited the area, two officiers who appeared to come out of no where began to question me. They asked for my ID and started to egg me on to argue with them.

I ignored it, the officiers looked as if they were putting on a show for the on-lookers. The officer then put me in cuffs and gave me a situtation.

The situtation was for Disorderly Conduct.
The citutation read "Harassment of female, female appeared to be scared, females ran off scared"

I was put in jail. I was released on bond. The judge later dismissed the case.

I would like to file a lawsuit against the police force. Do I have a winnable case? I am attempting to find lawsuit against the police force with settlements that involve Disorderly Conduct

 

[Zigner]

I have a brief story.
I live in Georgia. I was eating pasta at a restaurant.
I exited restaurant. I started to walk toward my vehicle. Roughly 20 feet before my vechile I saw two attractive females.

I said "Hello, can I be your boyfriend" to the females in a playfull manner. The girls laughed and walked off.

When the females exited the area, two officiers who appeared to come out of no where began to question me. They asked for my ID and started to egg me on to argue with them.

I ignored it, the officiers looked as if they were putting on a show for the on-lookers. The officer then put me in cuffs and gave me a situtation.

The situtation was for Disorderly Conduct.
The citutation read "Harassment of female, female appeared to be scared, females ran off scared"

I was put in jail. I was released on bond. The judge later dismissed the case.

I would like to file a lawsuit against the police force. Do I have a winnable case? I am attempting to find lawsuit against the police force with settlements that involve Disorderly Conduct

You have not won the lawsuit lottery...move along now.

 

[Philxxxx]

I think you have a good case if you wish to go pro se.

Goverment gone amok !

 

[dave33]

I have a brief story.
I live in Georgia. I was eating pasta at a restaurant.
I exited restaurant. I started to walk toward my vehicle. Roughly 20 feet before my vechile I saw two attractive females.

I said "Hello, can I be your boyfriend" to the females in a playfull manner. The girls laughed and walked off.

When the females exited the area, two officiers who appeared to come out of no where began to question me. They asked for my ID and started to egg me on to argue with them.

I ignored it, the officiers looked as if they were putting on a show for the on-lookers. The officer then put me in cuffs and gave me a situtation.

The situtation was for Disorderly Conduct.
The citutation read "Harassment of female, female appeared to be scared, females ran off scared"

I was put in jail. I was released on bond. The judge later dismissed the case.

I would like to file a lawsuit against the police force. Do I have a winnable case? I am attempting to find lawsuit against the police force with settlements that involve Disorderly Conduct

It doesn't seem that you can accomplish much with this situation.

What are your grounds for a suit?

What do you hope to gain?

It does not look like the officer broke any laws. I understand you feel mistreated but that doesn't count for much in court.

 

[KevinE]

It doesn't seem that you can accomplish much with this situation.

What are your grounds for a suit?

What do you hope to gain?

It does not look like the officer broke any laws. I understand you feel mistreated but that doesn't count for much in court.

My grounds for the suit:

False Arrest and Malcious Proceusation


OR

Violation of Civil Rights

Based on these two lawsuits which fit the pattern.


http://www.georgia-trial-lawyers.com/2009/12/atlanta_lawyer_wins_false_arre.html
http://www.amren.com/mtnews/archives/2010/03/woman_jailed_fo_1.php


I hope to gain monies or some sort of settlement from the city

I am attemptig to locate legal database such as Lexus where I can query lawsuit's based on certain keywords.

 

[dave33]

I think you are giving these articles to much importance. These obscure articles by no means represents the common outcome for this situation.

If you continue along this path I hope you succeed. In some situations it
seems the police are really stretching their authority. Many people give up
when challenging the p.d because it seems impossible. Also, when it's just
your word against their's they almost always win.

They also know how to cover their but when writing the report.

It is an uphill battle for sure. goodluck.

 

[dave33]

My grounds for the suit:

False Arrest and Malcious Proceusation


OR

Violation of Civil Rights

Based on these two lawsuits which fit the pattern.

1. False arrest and malicious prosecution seems difficult from these set of facts. You would basically have to prove the officer lied and did not think she was scared. That will be difficult. Also, the charges were dropped so I don't think mal. pros. is appropriate.

2. Usually civil rights violations aren't big money makers. Again, I am sure you can find some articles or cases that are unusual but your case doesn't
strike me as a money case.

 

[tranquility]

You have no case. The police will be protected by qualified immunity and probable cause.

Georgia Code - Crimes and Offenses - Title 16, Section 16-11-39

(a) A person commits the offense of disorderly conduct when such person commits any of the following:

(1) Acts in a violent or tumultuous manner toward another person whereby such person is placed in reasonable fear of the safety of such person´s life, limb, or health;

(2) Acts in a violent or tumultuous manner toward another person whereby the property of such person is placed in danger of being damaged or destroyed;

(3) Without provocation, uses to or of another person in such other person´s presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person´s presence, naturally tend to provoke violent resentment, that is, words commonly called 'fighting words'; or

(4) Without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immediate breach of the peace.

The police wrote:

"Harassment of female, female appeared to be scared, females ran off scared"

You will have to argue that no reasonable police officer would have felt that your harassment of a female, causing her to be scared and running off is in violation of the above statute. Not that you did not harass or that you did not scare the girls, but that no reasonable policeman would feel the stated facts would fulfill the elements of the statute.

 

[KevinE]

Hello,
That is what I am trying to say. The officer did LIE. That is what I am trying to say. He completely made up the citutation. There is no way in hell the females were scared or "ran off scared".

I simply asked the female if she would like a boyfriend on my way to my vechile to which she smiled, replied "no thank you" and then said "nice try though, and I'm not from around here, do you want to see my ID" to which I replied "No thats OK" she turned the corner and the cops appeared. When I read the citutation I was just awe-struck.

I told the cops to go get the girls and ask them selves, they refused. Then the cop tells me we could of arrested you for some type of assult for giving the girls a high-five and thats what I just became quiet.

He then states "Our mid-town commander daughter was over here and she was getting harassed by men and he made it clear to all the officiers to detain and arrest any male who hits on a female" which made me understand why he was even arresting me, to appease his boss but after thinking about the situtation, it was un just. I spent 18 hours in jail and it runioun my weekend.

Its almost like the police knew the charges would not stick but they could do it anyway.... I own a business and a house for god sake.

 

[Philxxxx]

1. False arrest and malicious prosecution seems difficult from these set of facts. You would basically have to prove the officer lied and did not think she was scared. That will be difficult. Also, the charges were dropped so I don't think mal. pros. is appropriate.

2. Usually civil rights violations aren't big money makers. Again, I am sure you can find some articles or cases that are unusual but your case doesn't
strike me as a money case.

Officer would not be able to testify that she was scared ... its a state of mind testimony not allowed to be told by anyone other than the person who felt this way.

 

[tranquility]

A police officer does not have to be right. That's probable cause. The OP has to move on--he has no case.